Strongarm Tactics Of The NLRB

by | Dec 1, 2022 | NLRB, Strikes, Union Organizing, Unions

We previously told you about the NLRB’s eagerness to proclaim 10(j) injunction actions against Starbucks in response to 200+ unfair labor practice (ULPs) allegations that revolve around union elections. NLRB General Counsel Abruzzo strongly supports this aggressive tactic regarding unproven claims, and as the Starbucks saga continues to sprout new legs, the board is applying that strategy toward other companies.

Before we get to that subject, let’s refresh on the numbers of this situation because Starbucks runs about 9000 U.S. locations. To date, around 300 Starbucks stores have held union elections. Nearly 260 stores have unionized, and workers at about 100 cafes, who remain frustrated with the customary slowness of contract negotiations, took much publicized action ahead of Thanksgiving.

Those Starbucks workers essentially waged war against the coffeehouse giant’s annual Red Cup Day by holding a coordinated one-day strike. This so-called “Red Cup Rebellion” took place on one of the company’s busiest days of the year, when customers receive free limited edition cups after ordering sugar-filled holiday drinks.

Obviously, a 100-store strike is still a drop in the Starbucks cup of 9000 stores, but it does grab media attention. And the NLRB is happy to swing at Starbucks with more injunction actions, so keep your eyes on followup for this next detail.

More store closings: Starbucks continues to shutter “not profitable” stores while pointing towards increased safety costs as an explanation.

This month, the company announced the fourth Seattle closure, which will take place at the first unionized cafe in the coffeehouse giant’s home city. Admittedly, it’s not the best look to close stores. This unfortunately opens the company up to more ULP allegations from Workers United. As well, U.S. Rep. Chellie Pingree called upon the NLRB to investigate a Maine cafe closure.

Meanwhile, the NLRB is no stranger to pulling the 10(j) injunction card on Amazon. This week, the board received a federal court ruling that Amazon must cease and desist “retaliating” against workers and firing them for engaging in “protected activities” that include organizing behavior. This declaration happened despite no fact-finding court process or definitive proof on ULP allegations.

Let’s gather up the latest notable organizing news:

  • Apple continues its own slow dance around union activity. The International Association of Machinists and Aerospace Workers aimed for a St. Louis store as the third Apple retail location to unionize. Yet nearly as soon as workers filed for a union vote, the group backed out of the effort while mirroring recent actions of Apple retail employees at an Atlanta location.
  • Amazon workers at the CVG Superhub, located in Cincinnati/Northern Kentucky, are organizing and want $30+ per hour base pay on their list of demands.
  • Despite a lack of meaningful results for workers at unionized Starbucks cafes, the story still inspires baristas elsewhere to organize. This includes workers at Brooklyn-based Blank Street Coffee location, which filed with the NLRB for a union vote. Two Peet’s Coffee locations also followed suit this month.
  • The fast food industry seemed like an unlikely candidate to produce successful union drives only a year ago. This month, however, an Oregon-based Afuri Ramen and Dumpling location filed with the NLRB while citing workplace chaos and unfair tipping policies.
  • The Union of Southern Service Workers christened itself at a South Carolina meeting this month. The new union branched away from Raise Up, which is the Southern leg of the SEIU’s Fight for $15 initiative. This group also declared intent to organize fast food, retail, hotel, and gas station workers across the South.
  • Verizon Wireless retail store workers still line up for the Communications Workers of America union. Workers at an Illinois location voted to join the thousands of other CWA-represented workers from the company’s retail and customer service departments.
  • Museums keep bubbling into the union realm in those larger metropolitan areas. In Chicago, 300 Field Museum workers will soon hold a union vote while seeking higher pay, and in Brooklyn, the UAW staged a demonstration, aimed at disrupting a VIP opening gala, while seeking wage hikes.

Let’s end this week’s roundup with some good news: Home Depot freight drivers voted to boot the Teamsters from representing them in San Jose, California. This development follows our recent discussion of a tiny rally that the union touted in Philadelphia, where a store’s workers ultimately voted against unionizing.

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